2008 Legislation
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SENATE BILL NO. 1251<br /> – Real estate brokers, courses


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S1251.......................................by COMMERCE AND HUMAN RESOURCES
REAL ESTATE - Amends existing law relating to real estate to revise the
time in which brokers, branch managers and license applicants are required
to complete certain courses; to revise the time in which a licensee may
retake certain courses for continuing education credit; to provide that the
Real Estate Commission shall determine whether certain courses are within
approved topic areas; to require certified course providers to create and
retain certain student records for a designated period of time; and to
provide for instructor teaching standards.

01/11    Senate intro - 1st rdg - to printing
01/14    Rpt prt - to Com/HuRes
02/04    Rpt out - rec d/p - to 2nd rdg
02/05    2nd rdg - to 3rd rdg
02/07    3rd rdg - PASSED - 32-0-3
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Cameron,
      Coiner, Corder, Darrington, Fulcher, Gannon, Geddes, Goedde, Hammond,
      Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
      Malepeai(Sagness), McGee, McKague, Pearce, Richardson, Schroeder,
      Siddoway, Stegner, Stennett(Thorson), Werk
      NAYS -- None
      Absent and excused -- Burkett, Davis, McKenzie
    Floor Sponsors - Broadsword & Bilyeu
    Title apvd - to House
02/08    House intro - 1st rdg - to Bus
03/04    Rpt out - rec d/p - to 2nd rdg
03/05    2nd rdg - to 3rd rdg
03/11    3rd rdg - PASSED - 66-0-4
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon,
      Chavez, Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
      Harwood, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake,
      LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Moyle,
      Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ringo,
      Ruchti, Rusche, Sayler, Schaefer, Shepherd(02), Shepherd(08),
      Shirley, Shively, Smith(30), Snodgrass, Stevenson, Thayn, Thomas,
      Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
      NAYS -- None
      Absent and excused -- Henbest, Mortimer, Roberts, Smith(24)
    Floor Sponsor - Killen
    Title apvd - to Senate
03/12    To enrol
03/13    Rpt enrol - Pres signed - Sp signed
03/14    To Governor
03/17    Governor signed
         Session Law Chapter 142
         Effective: 07/01/08

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008


                                       IN THE SENATE

                                    SENATE BILL NO. 1251


  1                                        AN ACT
 15        ING STANDARDS.

 16    Be It Enacted by the Legislature of the State of Idaho:

 17        SECTION  1.  That  Section 54-2016, Idaho Code, be, and the same is hereby
 18    amended to read as follows:

 21    ness  entities.  Each  legal  business  entity, as defined in section 54-2004,
 22    Idaho Code, shall be licensed by the Idaho real estate commission to engage in
 23    the real estate business in Idaho and shall make proper application,  pay  all
 24    required fees, and meet all requirements listed below.
 25        (a)  Each  legal business entity shall have a properly licensed individual
 26        designated broker, who shall be held responsible for the activities of the
 27        licensed entity.
 28        (b)  The individual designated broker shall, within five three (53)  years
 29        immediately   prior   to   the   designation,  satisfactorily  complete  a
 30        commission-approved business conduct and office operations course.
 31        (c)  The individual designated broker shall also hold the following  legal
 32        position within the licensed entity:
 33             (i)   Corporation -- an officer;
 34             (ii)  Partnership or limited partnership -- a general partner;
 35             (iii) Limited liability company -- a member or manager.
 36        The  individual  designated broker for any business entity shall have full
 37        authority to act on behalf of the licensed business entity, and shall sub-
 38        mit sufficient and satisfactory proof thereof  with  the  application  for
 39        license.  Such proof shall include a list of the entity's officers, direc-
 40        tors, members or managers, as reflected in  the  minutes,  resolutions  or
 41        other  similar business documents of the entity. All acts of that individ-
 42        ual as designated broker shall be considered acts of the licensed business
 43        entity. Nothing in this section is intended to create liability to a legal


  1        business entity for illegal or fraudulent acts by  the  individual  broker
  2        performed solely on his own account.
  3        (d)  A license issued to a legal business entity, as defined in this chap-
  4        ter,  is  effective  only  as  long  as the individual designated broker's
  5        license is in active status and in effect. If the individual so designated
  6        has a license refused, revoked, suspended or otherwise  made  inactive  by
  7        the commission, or if the individual designated broker voluntarily surren-
  8        ders  the  individual license or ceases to be connected with the entity in
  9        the manner required above, the business entity shall have ten  (10)  busi-
 10        ness  days  in  which to designate  another qualified individual as desig-
 11        nated broker before the entity's license is terminated, and  the  licenses
 12        of all associated licensees are made inactive.
 13        (e)  One (1) individual may act as designated broker for more than one (1)
 14        licensed  business  entity,  however,  all  entities shall have their main
 15        offices in the same physical location.
 16        (f)  Satisfactory proof of mandatory errors and omissions insurance  shall
 17        be  provided  for  both  the individual designated broker and the licensed
 18        business entity.
 19        (g)  A legal business entity doing business under an  assumed  name  shall
 20        provide  satisfactory  proof  of  having  legally  filed  a certificate of
 21        assumed name with the Idaho secretary of state.
 22        (2)  Sole proprietorships. An individual designated  broker  not  licensed
 23    with a legal business entity, as defined in section 54-2004, Idaho Code, shall
 24    be  licensed  as  a  sole  proprietor. Each sole proprietorship seeking a real
 25    estate license shall meet all of the following requirements:
 26        (a)  A licensed sole proprietor doing business under an  assumed  business
 27        name  shall  provide satisfactory proof of having legally filed a certifi-
 28        cate of assumed name with the Idaho secretary of state;
 29        (b)  Satisfactory proof of mandatory errors and omissions insurance  shall
 30        be provided for the licensed designated broker of a sole proprietorship;
 31        (c)  The  individual designated broker shall have satisfactorily completed
 32        a commission-approved business conduct and office operations course within
 33        five three (53) years immediately prior to the application for license.
 34        (3)  Multiple business names prohibited. A legal business entity  or  sole
 35    proprietorship shall be licensed under only one (1) business name.
 36        (4)  Branch  offices. Each branch office in which trust funds and original
 37    transaction files are maintained shall be separately  licensed  in  accordance
 38    with the following:
 39        (a)  The  designated broker establishing the branch office shall submit an
 40        application, along with the required fee for the issuance  or  renewal  of
 41        the branch office license.
 42        (b)  The  designated  broker  shall  designate in the application a branch
 43        manager, who shall be an associate broker and who, within five three  (53)
 44        years  immediately  prior  to  the  designation,  shall  have  completed a
 45        commission-approved business conduct and office operations course, to reg-
 46        ularly occupy and be responsible for the supervision of the branch office.
 47        Any salesperson acting as a branch manager on July  1,  2005,  shall  have
 48        until July 1, 2006, to obtain an associate broker's license. When a branch
 49        manager  is  a  regular  full-time  employee  or is engaged in a full-time
 50        activity at a location other than the place he is licensed to do business,
 51        a  presumption  will  be  made  that  the  branch  manager  is  unable  to
 52        responsibly supervise the branch; provided however, the presumption may be
 53        overcome by evidence to the contrary which the commission determines to be
 54        satisfactory.
 55        (c)  A branch manager shall not be licensed to manage more  than  one  (1)


  1        branch office at a time.
  2        (d)  A  license  issued  to a branch office is valid and in effect only as
  3        long as the license of the designated broker remains in active status.
  4        (e)  No separate branch office license or manager is required for business
  5        locations other than the main office unless trust funds or original trans-
  6        action records are kept at the branch.
  7        (f)  If a separate real estate trust account is maintained  for  a  branch
  8        office, all records and related files for that account shall be maintained
  9        at the branch office.
 10        (g)  Each  branch office or business location, whether separately licensed
 11        or not, shall conduct business only in the  licensed  name  of  the  legal
 12        entity or sole proprietor.

 13        SECTION  2.  That  Section 54-2022, Idaho Code, be, and the same is hereby
 14    amended to read as follows:

 15        54-2022.  REAL ESTATE EDUCATION -- PRELICENSE REQUIREMENTS. (1) Except  as
 16    provided  in section 54-2015, Idaho Code, an applicant seeking a primary Idaho
 17    license as a real estate salesperson, broker or associate broker shall furnish
 18    satisfactory proof to the commission that the applicant has successfully  com-
 19    pleted current commission-approved and accredited courses of real estate study
 20    as follows:
 21        (a)  Salesperson's  license.  For  a  salesperson's license, the applicant
 22        shall complete a total of ninety (90) classroom hours, or  the  equivalent
 23        in available correspondence hours;
 24        (b)  Broker's or associate broker's license. Applicants seeking a broker's
 25        or  associate  broker's license shall, in addition to meeting the require-
 26        ments for a salesperson's license, successfully complete four  (4)  speci-
 27        fied  courses  in advanced real estate study, for a minimum of ninety (90)
 28        additional classroom hours, or the equivalent in available  correspondence
 29        hours.
 30        (2)  Each applicant shall successfully complete all prelicense real estate
 31    courses  within  no  more than five three (53) years prior to the date  of the
 32    license application. However, upon written request for  special  consideration
 33    by  the  license  applicant,  the commission may waive or modify the five-year
 34    three-year requirement at its discretion, based on the applicant's  experience
 35    or additional education. Each waiver request shall be submitted with a current
 36    certified license history from Idaho or the applicant's other licensing juris-
 37    diction,  which  history shall indicate all disciplinary actions taken against
 38    the applicant's license and the status and standing of such  license  in  such
 39    licensing state or jurisdiction, along with sufficient proof of education com-
 40    pletion.
 41        (3)  To  receive  credit  for  prelicense  real  estate courses, a student
 42    must regularly attend and complete the course, and such course must  meet  all
 43    requirements set forth in section 54-2036, Idaho Code.
 44        (4)  No credit will be given for courses taken for audit.
 45        (5)  Credit  for  completion  of approved prelicense education course work
 46    coursework will not be granted when the content of a course repeats  that  for
 47    which credit has been previously received.
 48        (6)  Upon  written  request  from  a license applicant, the commission may
 49    waive or modify one (1) or more prelicense course requirements based upon  the
 50    applicant's satisfactory completion of similar real estate courses in Idaho or
 51    another  state or jurisdiction. The request for waiver shall be accompanied by
 52    an official transcript from  the  institution  that  provided  the  course  of
 53    instruction,  along  with  a description of the subjects covered in the course


  1    and the number of classroom hours involved in the  instruction.  "Satisfactory
  2    completion"  means  the applicant regularly attended the course and received a
  3    final grade of "C" or better.

  4        SECTION 3.  That Section 54-2023, Idaho Code, be, and the same  is  hereby
  5    amended to read as follows:

  6        54-2023.  CONTINUING  EDUCATION  REQUIREMENTS.  Each  licensee applying to
  7    renew an Idaho real estate license on active status, and each  Idaho  licensee
  8    applying  to change from inactive to active license status, shall successfully
  9    complete a commission core course, plus the required number of classroom hours
 10    of commission-approved or certified continuing education  coursework  as  pro-
 11    vided in this section.
 12        (1)  Required  number of classroom hours. The required number of classroom
 13    hours is as follows:
 14        (a)  Renewing license on active status. A licensee renewing on active sta-
 15        tus must successfully complete a commission core course, plus sixteen (16)
 16        classroom hours of continuing education, on or before the current  license
 17        expiration date.
 18        (b)  Change  from  inactive  to  active. Unless the licensee is within the
 19        initial licensing period, a licensee  changing  from  inactive  to  active
 20        license  status shall complete a commission core course, plus sixteen (16)
 21        classroom hours of continuing education, before he can  change  to  active
 22        license  status.  If the inactive licensee is within his initial licensing
 23        period, no continuing education is required to change  to  active  license
 24        status.
 25        (2)  No  duplicate  credit.  No  licensee  may obtain continuing education
 26    credit for completing:
 27        (a)  Any core course curriculum for which he has previously received  con-
 28        tinuing education credit; or
 29        (b)  Any  course curriculum for which he has received continuing education
 30        credit in the same license period.
 31        (3)  Excess credits. The classroom hours shall apply to the license period
 32    in which such course is completed; hours completed in excess of those required
 33    for the license period shall not accumulate or be credited for the purposes of
 34    subsequent license renewal periods.
 35        (4)  Commission-ordered education. No  licensee  shall  obtain  continuing
 36    education  credit  for education ordered by the commission as part of a disci-
 37    plinary action.
 38        (5)  Obtaining continuing education classroom hours. In  order  to  obtain
 39    continuing education classroom hours, a licensee must:
 40        (a)  Successfully  complete  a  commission-approved  continuing  education
 41        course;
 42        (b)  Successfully  complete  a  commission-approved  continuing  education
 43        challenge exam;
 44        (c)  Attend  an  entire  regularly-scheduled  meeting of the commission. A
 45        maximum of four (4) hours for this activity shall be credited for any  one
 46        (1) meeting in any one (1) license period;
 47        (d)  Successfully complete a commission-approved broker prelicense course,
 48        or  a commission-approved continuing education challenge exam, in advanced
 49        real estate study. Continuing education credit may be obtained for  retak-
 50        ing  the same broker prelicense course or challenge exam only if completed
 51        after five three (53) years of completing the previous course or challenge
 52        exam; or
 53        (e)  Provide to the commission a transcript or course completion  certifi-


  1        cate of successful completion of any of the following courses without com-
  2        mission preapproval of the curriculum, instructors or providers:
  3             (i)   Professional  designation  courses.  Any  course  developed  by
  4             national professional organizations that is required in order to earn
  5             professional  designations  from  a national organization in special-
  6             ized areas of licensed real estate practice;
  7             (ii)  Courses accredited by another profession or  jurisdiction.  Any
  8             course  approved  by  and  offered in satisfaction of another profes-
  9             sional or occupational licensing authority's education  requirements,
 10             if  the  commission determines that the course is within the approved
 11             topic areas established by the commission; or
 12             (iii) Courses offered by an accredited  college  or  university.  Any
 13             course  offered in satisfaction of a degree requirement by an accred-
 14             ited college or university if  the  commission  determines  that  the
 15             course  is within the approved topic areas established by the commis-
 16             sion.
 17        (f)  If a certified course instructor, teach a live course for which  con-
 18        tinuing education credit may be obtained. Credits shall be granted for the
 19        number of classroom hours taught.
 20        (6)  Licensee  duty  to  keep  satisfactory proof. The licensee shall keep
 21    satisfactory proof of having completed the  continuing  education  requirement
 22    and  shall  submit  such proof at the request of the commission as provided in
 23    section 54-2018, Idaho Code.
 24        (7)  Provisional license -- Extension of time. A three-month extension  of
 25    time  for  completing the education requirements may be obtained by submitting
 26    with the renewal application, or application to  activate,  satisfactory  evi-
 27    dence  showing  that  the  applicant  was unable to comply with such education
 28    requirements. Such evidence shall be:
 29        (a)  Bona  fide  hardship  preventing  completion  of  the   reinstatement
 30        requirements of an inactive license;
 31        (b)  Health reasons preventing attendance or completion;
 32        (c)  Active  duty  in  the military service with assignment to a permanent
 33        duty station outside of the state during the last twelve (12) months of  a
 34        license period; or
 35        (d)  Other  compelling  cause  beyond  the  control of the applicant while
 36        engaged in the real estate business.
 37    If such an extension is granted, the  licensee  shall  receive  a  provisional
 38    license for a period of time not to exceed three (3) months. No further exten-
 39    sion of time may be granted. A license issued or renewed after an extension of
 40    time has been granted shall retain the original license expiration date. Fail-
 41    ure  to  satisfy  the continuing education requirement within the time granted
 42    shall result in the automatic inactivation of the license.

 43        SECTION 4.  That Section 54-2027, Idaho Code, be, and the same  is  hereby
 44    amended to read as follows:

 46    ure  of  a  certified  course provider to comply with the following duties and
 47    requirements shall be grounds for the commission to  withdraw  or  cancel  the
 48    provider's certification for cause.
 49        (1)  Discrimination  prohibited.  Each  certified course provider shall at
 50    all times be in compliance with state and federal laws, rules and  regulations
 51    regarding  all aspects of equal opportunity and protection of civil rights. No
 52    course provider shall engage in  discriminatory  practices,  nor  allow  their
 53    course instructor, or method of delivery to violate laws prohibiting discrimi-


  1    nation.  Each  course  provider will fully comply with any requirements of the
  2    Americans with disabilities act  regarding  access  to  and  delivery  of  its
  3    courses,  including  the  provision  of  accessible  facilities and reasonable
  4    accommodations for students.
  5        (2)  Open access to course offerings. Registration and attendance  at  all
  6    certified courses offered for credit toward the education requirements of this
  7    chapter shall be open to all persons meeting normal course prerequisites; pro-
  8    vided  however,  a  certified  course provider located in or affiliated with a
  9    licensed real estate brokerage company or professional association may  refuse
 10    access  to any licensee or unlicensed person based on that licensee's or unli-
 11    censed person's affiliation with another organization or brokerage company, or
 12    the licensee's or unlicensed person's membership status  in  any  professional
 13    organization  unless  such course provider has received financial support from
 14    the commission for its particular course offering.  Nothing  in  this  section
 15    shall  restrict  a  course  provider  from  charging a separate and reasonable
 16    course fee to nonaffiliated or nonmember licensees or unlicensed persons.
 17        (3)  Disclosure of fees. All fees charged to a student by  a  course  pro-
 18    vider shall be specified separately in writing. If additional fees are charged
 19    for  supplies,  materials or books required for coursework, such fees shall be
 20    itemized by the provider and, upon payment of such fees, the  supplies,  mate-
 21    rials or books shall become the property of the student. All fees and the man-
 22    ner  in  which they are to be paid shall be stated in a student contract, in a
 23    form approved by the commission. The student contract shall expressly  include
 24    the  provider's  policy regarding the return of fees in the instance where the
 25    student is dismissed or voluntarily withdraws from the course.
 26        (4)  Facilities and supportive personnel. The provider shall  provide  the
 27    facilities  and all supportive qualified personnel or approved proctors neces-
 28    sary to adequately implement its real estate program.
 29        (5)  Student records and other requirements. Each Idaho  certified  course
 30    provider shall comply with the following requirements:
 31        (a)  Records. Maintain fFor each individual student, create and retain for
 32        a  period  of  five  (5)  years,  a complete, accurate and detailed record
 33        which shall include the total number of hours  of  instruction  undertaken
 34        and satisfactorily or unsatisfactorily completed in the area of study;
 35        (b)  Course  completion  lists. Within five (5) working days after conclu-
 36        sion of each course of instruction, the provider shall submit to the coun-
 37        cil or commission an alphabetical list  which  shall  include  the  names,
 38        addresses,  and  social security numbers or, if licensed, the license num-
 39        bers, of the students completing the course of instruction,  the  name  of
 40        the  course,  the  name of the instructor, the number of hours included in
 41        the course, the date of the course and the location.  The  list  shall  be
 42        certified  by  the  instructor from whom the students received instruction
 43        and an authorized representative of the provider;
 44        (c)  Grades. The provider will provide written  notification  to  students
 45        who  successfully  or  unsuccessfully complete a course within thirty (30)
 46        days of the course completion date;
 47        (d)  Evaluations. Upon the conclusion of each course, the  provider  shall
 48        collect  written  evaluations from students for the course and instructor,
 49        using an evaluation form approved by the commission.  The  provider  shall
 50        keep such evaluations for a period of one (1) year from the course comple-
 51        tion  date.  Upon  written request from the commission, the provider shall
 52        submit either the student evaluations for the course and instructor, or  a
 53        written  summary of those evaluations using a form approved by the commis-
 54        sion.
 55        (e)  Course schedules. Each provider shall submit schedules of courses and


  1        instructors as requested by the commission and submit changes promptly  as
  2        they occur. Whenever there is a change in a course including, but not lim-
  3        ited  to,  a  change in curriculum,  course length or instructor, the pro-
  4        vider shall promptly notify the commission in writing of the change.
  5        (6)  Instructors. A certified provider may offer  a  continuing  education
  6    elective  course  without  obtaining  approval or certification for the course
  7    instructor; provided however, the provider  shall  take  reasonable  steps  to
  8    ensure that the instructor is competent to teach the course and shall maintain
  9    resumes or other biographical information that documents the qualifications of
 10    the  instructor.  The  provider shall make such documentation available to the
 11    public and commission upon written request. A course provider shall not  offer
 12    for  credit  any  course that is being taught below the minimum teaching stan-
 13    dards established by the commission or that is being taught in a  manner  that
 14    is detrimental to the purpose of educating licensees.
 15        (7)  Posting  and  recording  fees. The commission may require that course
 16    providers pay to the commission a nonrefundable posting and recording  fee  to
 17    defray  normal  expenses  incurred in maintaining the certificate program. The
 18    fee amount shall be established by the commission by motion.
 19        (8)  Advertising restrictions:
 20        (a)  Providers may advertise that they are currently certified by the com-
 21        mission, if current certification has been approved, but no such advertis-
 22        ing may state or imply that the provider is an agency of the commission or
 23        the council;
 24        (b)  No course provider shall provide any information to the public or  to
 25        prospective  students  which  is misleading in nature. Information is mis-
 26        leading when, taken as a whole, there is distinct probability that it will
 27        deceive the persons whom it is intended to influence.
 28        (9)  Changes in certification. Certification shall be granted to the  par-
 29    ticular  provider  for  the  specific  ownership, provider location, and named
 30    individual in charge as designated in the application for  certification.  Any
 31    changes in ownership, provider location, or provider name, or named individual
 32    in  charge  must be submitted for approval to the commission, at least one (1)
 33    month in advance of the effective date of the proposed changes.

 34        SECTION 5.  That Section 54-2033, Idaho Code, be, and the same  is  hereby
 35    amended to read as follows:

 36        54-2033.  INSTRUCTOR  QUALIFICATIONS. (1) Qualified instructors at degree-
 37    granting institutions. A qualified or full-time instructor or professor of  an
 38    accredited  college or university in any state or jurisdiction and who teaches
 39    real estate-related courses is deemed to be an  approved  instructor  of  such
 40    courses, in Idaho, for the purposes of this chapter.
 41        (2)  Other  instructor  applicants. All other individuals wishing to teach
 42    any real estate courses  for  credit  toward  Idaho  prelicense  requirements,
 43    including the business conduct and office operations course, or the commission
 44    continuing  education  core  course requirements must first meet the following
 45    additional qualifications and receive separate certification for  each  course
 46    to be taught:
 47        (a)  Unless  this requirement is waived upon special review of the commis-
 48        sion in the manner stated below, no individual instructor seeking certifi-
 49        cation may have had a real estate or other  professional  or  occupational
 50        license suspended or revoked for disciplinary reasons or have been refused
 51        a  renewal of a license issued by the state of Idaho or any other state or
 52        jurisdiction. Further, the individual may not have been convicted,  issued
 53        any  fine, placed on probation, received a withheld judgment, or completed


  1        any sentence  of confinement for or on account of any felony, or any  mis-
  2        demeanor  involving fraud, misrepresentation, or dishonest or dishonorable
  3        dealing, in a court of proper jurisdiction. The  failure  of  a  certified
  4        instructor  to  maintain  the  qualifications  required by this subsection
  5        shall be grounds for the commission to withdraw or cancel the instructor's
  6        certificate as provided in section 54-2025(3), Idaho Code.
  7        (b)  Each applicant for certification shall also:
  8             (i)   Submit a completed application for instructor certification  in
  9             the  form  and  manner  required by the commission, with all required
 10             fees;
 11             (ii)  File an executed "irrevocable consent to service of process" in
 12             the manner and form prescribed by the  commission  and  according  to
 13             section 54-2012(1)(j), Idaho Code;
 14             (iii) Qualify as at least one (1) of the following:
 15                  1.  An  attorney at law actively licensed in any state or juris-
 16                  diction with at least five (5) years of active practice  in  the
 17                  areas  of study proposed to be taught, and who has also success-
 18                  fully completed a commission-approved instructor training course
 19                  or procedure, including an assistant teaching period;
 20                  2.  An individual currently approved or certified  and  in  good
 21                  standing  as  a  real  estate instructor for the same or similar
 22                  course material in any other state or jurisdiction;
 23                  3.  An individual who is appointed to teach a nationally  recog-
 24                  nized  real  estate  course which is generally accepted in other
 25                  states or jurisdictions; or
 26                  4.  An individual with at  least  five  (5)  years  active  real
 27                  estate-related  experience who has also successfully completed a
 28                  commission-approved instructor training procedure, including  an
 29                  assistant teaching period.
 30        (3)  Instructor  teaching  standards. An instructor certified to teach any
 31    real estate course for credit toward the requirements of  this  chapter  shall
 32    comply  with  the  minimum teaching standards established by the commission. A
 33    certified instructor shall not teach the course in a manner that is  detrimen-
 34    tal to the purpose of educating licensees.

Statement of Purpose / Fiscal Impact

                      STATEMENT OF PURPOSE

                            RS 17368

This bill revises certain provisions related to the educational 
requirements of real estate licensees.  The purpose of these revisions 
is to ensure that the licensee’s education is current in time, is 
relevant to the practice of real estate, and is delivered by competent 
instructors. It also clarifies a provider’s recordkeeping duties.   

Specifically, this legislation:

1.	Amends sections 54-2016(1)(b) and (2)(c), and 54-2022(2), Idaho 
Code, by reducing the number of years, from five to three, that 
course credits can be applied toward the licensing requirements, 
and likewise amends section 54-2023(5)(d) by reducing the number 
of years, from five to three, that a licensee must wait before 
repeating, for continuing education credit, a broker-level class;

2.	Amends Section 54-2023(5)(e)(i) and (ii) to provide Commission 
oversight to ensure that certain continuing education courses not 
otherwise requiring Commission certification, are indeed “within 
the topic areas” for which a licensee may obtain continuing 
education credit;

3.	Amends Section 54-2027(5)(a), to specify a five-year retention 
period for student records; and 

4.	Amends Section 54-2033, by adding the requirement that certified 
instructors comply with the minimum teaching standards of the 
Commission, and to require that certified instructors not teach 
in a manner that is detrimental to the purpose of educating 

This legislation results from the collaborative efforts between the 
Commission and industry representatives of the regulated community, 
including real estate practitioners, education providers and 

This legislation is Co-Sponsored by the Idaho Association of Realtors.

                           FISCAL NOTE

None to the General Fund.
None to IREC.
None to any other state or local political subdivision.

Name:	Jeanne Jackson-Heim
Agency:	Real Estate
Phone:	334-3285

STATEMENT OF PURPOSE/FISCAL NOTE                        	S 1251